What is the Significance of Trademark?
By Joy Puri
Table of Contents
Introduction
The purpose and the concept of trademarks can be rooted back to ancient times when craftsmen used unique marks to identify their goods and distinguish them from others in the previous times.
Taking a dig at the earliest known trademarks can be found to pottery marks from the Roman Empire and the use of maker’s marks by stonemasons in the medieval period to carve out their innovations and creativity. However, the formal recognition and legal protection of trademarks began much later in the legal field.
The modern history related to the law of trademarks existed and generally developed within the society in the late 19th century. The primary or the very first trademark legislation was enacted in the United Kingdom with the Trademarks Registration Act of 1875, which thereby allowed businesses to register their marks and provided legal recourse against infringement.
The legislation herein, by its enactment act laid the foundation for modern trademark laws by establishing the principle that trademarks are an essential part of commerce and should be protected by law for the betterment of the society.
Talking about the United States, there existed Lanham Act which was commonly called as the Trademark Act of 1946, which therefore played a crucial role in trademark history. The legislation therefore provided comprehensive federal protection for trademarks and established a root for federal trademark registration system, and highlighted the remedies available for trademark infringement in the law of the country.
Digging into the International opinion, the Paris Convention for the Protection of Industrial Property which was adopted in 1883, was one of the first treaties to address trademark protection at a global stage.
Meaning of Trademark
A famous American and a pioneer in the field of trademark law Edward S. Rogers, stipulated the definition of a trademark as “a distinctive mark of authenticity, through which the products of particular manufacturers or the vendible commodities of particular merchants may be distinguished from those of others.”
J. Thomas McCarthy, who was an eminent trademark law scholar and the famous author of the multi-volume “McCarthy on Trademarks and Unfair Competition,” defined a trademark as “any word, name, symbol, or device, or any combination thereof, adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others.”
Lord Justice Parker, in their famous case of Reckitt & Colman Products Ltd v Borden Inc, described a trademark as “a badge of origin, indicating that the goods bearing it are the goods of one trader and no other.”
Frank I. Schechter who was an influential American trademark law scholar, described the differentiating function of trademarks, stating that “the value of the modern trademark lies in its selling power.”
Types of Trademark
Product marks refers to the trademarks which are used on goods or products to identify their origin and distinguish them from products manufactured or sold by others. Taking a example, the trademark Nike.
Service marks refers to the ones used to identify and distinguish the services of one provider from those of others. Unlike product marks, they are made in regards to services rather than goods. For example, the trademark of FedEx.
Collective marks are generally utilized by members of a collective group or organization to identify themselves with a level of quality or accuracy, geographical origin, other characteristics set by the group. For example, the Certified Public Accountant which is generally used by the chattered accountants in America.
Certification marks are typically used to show that goods or services meet certain standards or possess specific qualities in the antecedent, such as regional origin, material, mode of manufacture, quality, or accuracy.
Functions of Trademark
For a country like India, trademarks serve as vital tools for business entities, consumers, and the economy at large scale. They function primarily pr the most important or crucial motive is to identify and distinguish the goods or services of one entity from those of others.
Trademarks therefore act as indicators of quality, providing assurance to consumers about the consistency and reliability of the products they purchase fro\m the market therefore from the Seller.
Trademarks act as an integral ingredient for the advertising and branding of the product or the service hereby, creating strong brand recognition and building customer loyalty.
Conclusion
The trademarks thereby act as a boon to the business. Trademarks in the society help in building brand recognition.
It thereby boosts the trust and loyalty of the customers towards the business and act as a mediums for securing better investments for the growth of the business.
Disclaimer:
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